08/13/2013
Defendant appealed the decision of the trial judge sustaining the charged violation of R.I.G.L 1956 § 31-47-9 “proof of financial security.” Defendant argued that it was not proved at trial that he knowingly operated the vehicle without insurance. The Panel explained that the finding by the trial judge that “no proof of insurance [has] been submitted” did not satisfy the element of knowledge as required by the language of the statute. The Panel held that the trial judge made a reversible error of law because the record lacked clear and convincing evidence that the Defendant knew that the vehicle he was driving as not covered by insurance. Accordingly, the Panel dismissed the charged violation.
City of Providence v. Shane Lee, C.A. No. T13-0002 (August 13, 2013).pdf